THE RIGHT TO LIVE IN POLLUTION FREE ENVIRONMENT: A CRITICAL STUDY WITH REFERENCE TO ARTICLE 9 OF CONSTITUTION OF PAKISTAN

Abstract

The Environmental Rights are defined as an expansion of the fundamental human rights which are required and deserved by the mankind. The prevailing pollution issues are widely leading to the contamination of the environment all over the world. The duty of state is grounded on the mandate of justice. It is widely recognized that the state has obligation to provide environmental justice which is easily accessible through proper adjudication and effective environmental tribunals. The concept of environmental justice in Pakistan was introduced in “Shehla Zia v. WAPDA, PLD 1994 SC 693” and in fact there is a long list of cases, in which it was settled that  right to life and the protection of environment is an alienable right. Article 9 Right to Life of the Constitution of Pakistan covers all facets of human existence. The core idea of a clean and healthy environment is that all people are entitled to live in a healthy, clean, and safe environment which is the result of the judicial interpretation of article 9. The right to life is to ensure better environmental protection of natural resources, protection of species, and peaceful enjoyment of life.  The right to life is an integral right which basically is a necessary requisite to enjoy other rights. This paper analyses the inviolable nature of this fundamental right under article 4 (a), but on the flip side, it focuses on the non-absoluteness of this right. Moreover, this article discusses landmark cases decided by judiciary, which encompass such utilities and facilities that naturally a free-born person in a sovereign country is entitled to enjoy in life. In this paper researchers discusses the judicial activism and contributions of constitutional jurisprudence in advancing the environmental regime with special references given to the importance of “right to life” in becoming a legal justification for the courts to incorporate the right to healthy environment as a natural part and parcel of the right to life. Researcher also describes, the successive liberalization of locus standi in human rights cases and invent of public interest litigation channeled through highest courts under article 184(3) and 199 of constitution of Pakistan 1973. The methodology undertaken is to look at different courts around country and to observe how they have addressed the issue of pollution as an aspect of right to life. A new discourse analysis methodology has been created for this article that provides evidences, relevant provisions and case laws of pollution free environment.